Nevada § 338.141 - Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors
Full text of Nevada Nevada Revised Statutes § 338.141 — Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors, with citation guidance and answers to common questions.
§ 338.141. Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors
1. Except as otherwise provided in NRS 338.1727 , each bid submitted to a public body for any public work to which paragraph (a) of
subsection 1 of NRS 338.1385 , paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include: (a) If the public body provides a list of the labor or portions of the public work
which are estimated by the public body to exceed 3 percent of the estimated cost of
the public work, the name of each first tier subcontractor who will provide such labor
or portion of the work on the public work which is estimated to exceed 3 percent of
the estimated cost of the public work; or (b) If the public body does not provide a list of the labor or portions of the public
work which are estimated by the public body to exceed 3 percent of the estimated cost
of the public work, the name of each first tier subcontractor who will provide labor
or a portion of the work on the public work to the prime contractor for which the
first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor's
total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion
of the opening of the bids, the contractors who submitted the three lowest bids must
submit a list containing: (1) The name of each first tier subcontractor who will provide labor or a portion
of the work on the public work to the prime contractor for which the first tier subcontractor
will be paid an amount exceeding $250,000. (2) If any one of the contractors who submitted one of the three lowest bids will
employ a first tier subcontractor who will provide labor or a portion of the work
on the public work to the prime contractor for which the first tier subcontractor
will not be paid an amount exceeding $250,000, the name of each first tier subcontractor
who will provide labor or a portion of the work on the public work to the prime contractor
for which the first tier subcontractor will be paid 1 percent of the prime contractor's
total bid or $50,000, whichever is greater. (3) For each first tier subcontractor whose name is listed pursuant to subparagraph
(1) or (2), the number of the license issued to the first tier subcontractor pursuant
to chapter 624 of NRS . 2. The lists required by subsection 1 must include a description of the labor or portion
of the work which each first tier subcontractor named in the list will provide to
the prime contractor. 3. A prime contractor shall include his or her name on a list required by paragraph
(a) or (b) of subsection 1. If the prime contractor will perform any work which is more than 1 percent of the
prime contractor's total bid and which is not being performed by a subcontractor listed
pursuant to paragraph (a) or (b) of subsection 1, the prime contractor shall also
include on the list: (a) A description of the labor or portion of the work that the prime contractor will
perform; or (b) A statement that the prime contractor will perform all work other than that being
performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection
1. 4. Except as otherwise provided in this subsection, if a contractor: (a) Fails to submit the list within the required time; or (b) Submits a list that includes the name of a subcontractor who, at the time of the
submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 , the contractor's bid shall be deemed not responsive. A contractor's bid shall not be deemed not responsive on the grounds that the contractor
submitted a list that includes the name of a subcontractor who, at the time of the
submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement
subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895 . 5. A prime contractor shall not substitute a subcontractor for any subcontractor who
is named in the bid, unless: (a) The public body or its authorized representative objects to the subcontractor,
requests in writing a change in the subcontractor and pays any increase in costs resulting
from the change. (b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative
determines that: (1) The named subcontractor, after having a reasonable opportunity, fails or refuses
to execute a written contract with the contractor which was offered to the named subcontractor
with the same general terms that all other subcontractors on the project were offered; (2) The named subcontractor files for bankruptcy or becomes insolvent; (3) The named subcontractor fails or refuses to perform his or her subcontract within
a reasonable time or is unable to furnish a performance bond and payment bond pursuant
to NRS 339.025 ; or (4) The named subcontractor is not properly licensed to provide that labor or portion
of the work. (c) If the public body awarding the contract is a governing body, the public body
or its authorized representative, in awarding the contract pursuant to NRS 338.1375 to 338.139 , inclusive: (1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does
not meet that criteria; and (2) Requests in writing a substitution of the subcontractor. 6. If a prime contractor substitutes a subcontractor for any subcontractor who is
named in the bid without complying with the provisions of subsection 5, the prime
contractor shall forfeit, as a penalty to the public body that awarded the contract,
an amount equal to 1 percent of the total amount of the contract. 7. If a prime contractor, after the submission of the bid, substitutes a subcontractor
to perform the work indicated pursuant to subsection 3 that the prime contractor would
perform, the prime contractor shall forfeit as a penalty to the public body that awarded
the contract, the lesser of, and excluding any amount of the contract that is attributable
to change orders: (a) An amount equal to 2.5 percent of the total amount of the contract; or (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the
work the prime contractor indicated pursuant to subsection 3 that he or she would
perform on the public work. 8. As used in this section: (a) “ First tier subcontractor ” means a subcontractor who contracts directly with a prime contractor to provide
labor, materials or services for a construction project. (b) “ General terms ” means the terms and conditions of a contract that set the basic requirements for
a public work and apply without regard to the particular trade or specialty of a subcontractor,
but does not include any provision that controls or relates to the specific portion
of the public work that will be completed by a subcontractor, including, without limitation,
the materials to be used by the subcontractor or other details of the work to be performed
by the subcontractor.
Frequently Asked Questions About Nevada § 338.141
What does Nevada Revised Statutes § 338.141 cover?
Section 338.141 ("Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 338.141?
A common citation format is "Nevada Revised Statutes § 338.141" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 338.141 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.